EMERGENCY MEDICAL FORM, LLC
TERMS OF USE AGREEMENT

EMERGENCY MEDICAL FORM, LLC ("EMF") WELCOMES YOU TO www.emergencymedicalform.com and its app and website.

THIS IS LEGAL AGREEMENT BETWEEN YOU AND EMF AND GOVERNS YOUR USE OF THE SOFTWARE, INFORMATION, SERVICES AND WEBSITES, COLLECTIVELY REFERRED TO AS "SERVICE". WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE, ITS APPLICATIONS, AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE. BY CLICKING "AGREE", ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS.

USE OF SERVICE

This website and its applications are provided solely for the use of current and future users of Emergency Medical Form, LLC. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

any advertisement, solicitation, spam, chain letter, or other similar type of information;

any encouragement of illegal activity;

unauthorized use or disclosure of private, personally identifiable information of others;

any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so;

pretend to be anyone, or any entity you are not - you may not impersonate or misrepresent yourself as another person;

plan or engage in any illegal activity; and/or

gather and store personal information on any other users of the service to be used in connection with any of the foregoing prohibited activities.

USERS INPUTTING INFORMATION

You understand that all information input into Service will be accessible by hospitals, emergency service respondents, dispatchers, paramedics, or other health care professionals or emergency personnel who have registered with the Service. You understand that Service has an authentication and verification process for such registrants, but that Service cannot guarantee the accuracy of information submitted by registrants or the identity of users. You expressly agree that you will not submit any identifying information, health information or medical information to the Service unless and until you have read and agreed to these Terms of Use and our Privacy Policy. You further agree that you will not enter identifying information, health information or medical information for another person unless you have obtained explicit authorization from that individual or have the authority to agree to the Terms of Use and Privacy Policy on that individual’s behalf in compliance with all applicable state and federal laws and regulations, including without limitation the Health Insurance Portability and Accountability Act (HIPAA). You further represent and warrant that all information submitted to the Service is true, correct and accurate.EMF IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY INDIVIDUAL’S FAILURE TO COMPLY WITH THIS PARAGRAPH OR ANY OF THE TERMS OF THIS AGREEMENT, IRRESPECTIVE OF ANY ACT OR OMISSION ON THE PART OF EMF.

APPROPRIATE USE OF INFORMATION

If you are a hospital, emergency service respondent, dispatcher, paramedic, or other health care professional or emergency personnel who has registered with EMF through the Service in order to access emergency information of individuals you agree to submit only accurate information as requested to verify your identity. You further agree to access emergency medical information or personal information of an individual only on an as needed basis in order to provide or arrange for emergency medical care to the individual. You further agree that access is granted only to you and agree not to share your login information and to safeguard passwords and access to EMF to prevent unauthorized users from using EMF. You agree that EMF is not responsible for verifying the accuracy of information input in the system. EMF DOES NOT WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN THE SERVICE AND IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY INACCURATE INFORMATION IRRESPECTIVE OF ANY ACT OR OMISSION ON THE PART OF EMF.

AVAILABILITY OF SERVICE

The Service, or any feature or part thereof, may not be available to all jurisdictions, hospitals, emergency service respondents, paramedics, or other health care professionals and EMF makes no representation that the Service or any feature or part thereof, is appropriate or available for use in any particular location or at any particular time. To the extent that you choose to access, view, or otherwise use the Service, you do so at your own initiative, risk, and are responsible for compliance with any applicable laws.

SITE CONTENTS AND OWNERSHIP

The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of EMF and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, EMF does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTY

You expressly agree that use of this website is at your sole risk. Neither EMF, its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials and the personal information and emergency medical information submitted by individuals may contain errors, omissions, inaccuracies, or outdated information. Further, EMF does not warrant reliability of any statement or other information displayed or distributed through the site. EMF reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. EMF may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. EMF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ITS ACCURACY, ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL DAMAGE.

LIMITATION OF LIABILITIES

YOU AGREE THAT EMF AND ITS PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL EMF OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER EMF OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EMF, its affiliates, subsidiaries, partners, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to (a) any content you submit, post, transmit, or otherwise make available through the service; (b) your use of the service; (c) any violation by you of this Agreement; (d) your violation of any rights of another; (e) violation of any law or regulation, or (f) violation of any proprietary or privacy right. This means you cannot sue EMF, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the service, or take any action during the investigation of a suspected violation or as a result of a conclusion that a violation of this Agreement has occurred. The waiver an indemnity provision applies to all violations contemplated in this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the service. You acknowledge that you are responsible for all use of the service using your content, and that this Agreement applies to any and all usage of the service. You agree to comply with this Agreement and to defend, indemnify and hold harmless EMF from and against any and all claims and demands arising from usage of the service, whether or not you expressly authorize such usage.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, EMF may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by EMF. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by EMF. EMF does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by EMF. Links do not imply that EMF or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of EMF or any of its affiliates or subsidiaries. Except for links to information authored by EMF, EMF is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. EMF reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. EMF makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan for any disputes with EMF arising out of your use of this site.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between EMF and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and EMF with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may modify this Agreement at any time and impose new or additional terms or conditions of your use, and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. EMF does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from EMF solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Emergency Medical Form, LLC
Privacy Policy

By accessing or using this application or any of the mobile applications available through the
Company (the "Site") in any way, you agree to be bound by this Privacy Policy (the "Privacy Policy"). Emergency Medical Form, LLC (the "Company” or "we") values your privacy. This Privacy Policy describes how personal information ("Personal Information") and Health Information about you may be collected, used, and disclosed.

The company reserves the right to modify, change, replace, edit, or revoke (in part or in full) this Privacy Policy from time to time by updating this page. You will be sent an email with a link to the new Privacy Policy following any update. By continuing to use the Site following receipt of the email, you agree to be bound by the most recent version of the Privacy Policy posted on the Site.

The Company provides services to connect individuals with emergency service respondents, dispatchers, paramedics, or other health care professionals or emergency personnel who have registered with the Service. ("Service Providers") whereby the patient enters their emergency medical information into our system that emergency professionals can access in the event of an emergency.

For purposes of this Privacy Policy, the word "your" refers to you (as defined in the Terms of Service) for which you have created an account.

Information We Collect

You may create an account on the Site, subject to the terms of this Privacy Policy and the Terms of Service. We only collect the specific information provided by the user or someone legally authorized to provide your information and to accept the Terms of Use and agree to the terms of this Privacy Policy on your behalf. The types of information that are collected include:

Information related to your health which would normally be asked in a medical emergency (“emergency medical information”) including any information that you or your authorized representative submits to the .

Third party provided emergency medical information from people such as emergency professionals, doctors, or family members, as well as emergency medical information that you provide specifically

Information We Collect

We may use your personal information and Emergency Medical Information that you or your authorized representative submit to the Site as follows:

We may use your e-mail address to send you administrative messages and messages regarding your account

We may share your credit card with third party payment processing services to the extent necessary to process your payment

We may disclose your Emergency Medical Information for purposes of emergency response and treatment including allowing your information to be accessed by Service Providers.

We may disclose your Personal Information or your Emergency Medical Information if required by law, statute, subpoena, court order or similar legal process.

Storage of Information and Security

We value your privacy and security and take measures to ensure the integrity of your personal information and Emergency Medical Information. Information we collect is stored on secure, protected servers. Only those employees who need access to your information for job-related duties have access to your information.

While we take efforts to protect your information and privacy, it is impossible to guarantee complete security for data transmitted on the internet. You acknowledge the inherent risk of transmitting information over the internet and agree that such transmission is at your own risk.

Use of Cookies and Tracking

If your internet settings allow, we may place cookies or web beacons on your computer or mobile device. Cookies are small files placed on your computer or mobile device that help us analyze web traffic and optimize your experience on our Site.

Most web browsers automatically accept cookies. However, you can disable the use of cookies in most web browsers. Disabling cookies may prevent you from taking full advantage of the website.

To enhance your Site experience, customize the Site for your preferences, and protect your security, we may also utilize local storage objects, canvas fingerprinting and other browser-fingerprinting techniques, data logs, clear .gif files (which may be known as web beacons), and various site analytics services and techniques.

Third Parties

We cannot identify or protect information once it has been accessed through the Service including access by Service Providers. Please speak with Service Providers about their own privacy policies and practices.

Our Site presents links to third party websites. We cannot control the content on these third party websites and we can make no guarantees as to the protection and privacy of any information which you submit to these websites. Please exercise caution when accessing any other website.

Verification of Identity of Service Providers

We cannot identify or protect information once it has been accessed through the Service including access by Service Providers. Please speak with Service Providers about their own privacy policies and practices.

HIPAA

EMF is not a “Covered Entity” or a “Business Associate” as those terms are defined by the Health Insurance Portability and Accountability Act (“HIPAA”). Health care providers or other HIPAA Covered Entities who submit information to the Service on your behalf must obtain authorization that is sufficient to meet the requirements of HIPAA.